DAVIES v PACIFIC ACCESS PTY LTD [1999] NSWSC 1262

DAVIES v PACIFIC ACCESS PTY LTD [1999] NSWSC 1262

The assault caused abdominal trauma which led to operative treatment and a continuing psychiatric disability; the plaintiff was not wholly incapable of work but was limited to low-stress employment of about two days per week. Damages were assessed accordingly, with the future economic loss component reduced in the addendum because of a mistaken calculation of the plaintiff's age, resulting in judgment for the plaintiff for $571,362.05 plus costs.

Jurisdiction
Australia
Judgment Date
12 July 1999
Procedural Posture
Civil Personal Injury Damages Claim Arising From Assault Causing Physical Injury and Psychiatric Injury / Assessment of Damages After Liability Judgment Given on 28 May 1999; Amended on 16 July 1999
Outcome
Judgment for the plaintiff in the amended amount of $571,362.05 plus costs.
Legal Topics
['assault Causing Physical Injury' 'causation' 'major Depressive Disorder' 'post Traumatic Stress Disorder' 'economic Loss' 'non Economic Loss' 'future Medical Expenses' 'workers Compensation Deduction']
['torts' 'personal Injury' 'damages'] ['assault Causing Physical Injury' 'causation' 'major Depressive Disorder' 'post Traumatic Stress Disorder' 'economic Loss' 'non Economic Loss' 'future Medical Expenses' 'workers Compensation Deduction']

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Procedural Posture

Civil Personal Injury Damages Claim Arising From Assault Causing Physical Injury and Psychiatric Injury / Assessment of Damages After Liability Judgment Given on 28 May 1999; Amended on 16 July 1999

Legal Issues

  1. 1 ["Whether the plaintiff's abdominal symptoms, operations, psychiatric disability and emotional dysfunction resulted from the assault in Port Moresby." 'Whether the second operation arose out of the trauma or the first operation.' "The extent of the plaintiff's incapacity and residual earning capacity." 'The appropriate assessment of damages for non-economic loss, medical expenses, economic loss, superannuation loss, interest, Fox v Wood allowance and deduction of workers compensation.']

Ratio Decidendi

The assault caused abdominal trauma which led to operative treatment and a continuing psychiatric disability; the plaintiff was not wholly incapable of work but was limited to low-stress employment of about two days per week. Damages were assessed accordingly, with the future economic loss component reduced in the addendum because of a mistaken calculation of the plaintiff's age, resulting in judgment for the plaintiff for $571,362.05 plus costs.

Court Disposition

Judgment for the plaintiff in the amended amount of $571,362.05 plus costs.

Orders

  • ['Judgment for the plaintiff for $571,362.05 plus costs.']